The court held that a law requiring disclosure of the names of contributors was not shown
to be harmful to the contributors. This comes after a federal district court
ruling in March against the Federal Election Commission. The FEC had not been enforcing the disclosure law.

The main
argument behind keeping the identities of the ad backers anonymous was that the disclosure of the names of the secret donors could subject
the donors to threats and potential retribution. A further argument was made
that the disclosure of the names violated free speech.

The lawsuit was originally initiated by Democratic Representative Chris Van
Hollen, who challenged the FEC’s regulation.

This decision comes at a time when electioneering is in full swing. Advocacy
groups and PACs are spending millions of dollars in attempts to frame public
views in support of or opposition to presidential candidates.

Now, with the prospect of having to reveal the names of their secret donors,
the groups are not thrilled.

The D.C. Circuit’s denial of the emergency stay pending appeal decision was a 2-to-1 decision; a full hearing
on the merits will take place in September.

Essentially, the ruling touches exempt organizations that run “electioneering
communications.” These types of ads are television spots that make reference
to a particular candidate but don’t necessarily advocate a position on the
candidate. The ads air within 30 days of a primary or 60 days of a general
election.

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DC Circuit features news and information from the U.S. Court of Appeals for the D.C. Circuit, which hears appeals from U.S. District Courts in the District of Columbia. This blog also features news that would be of interest to legal professionals practicing in the D.C. Circuit. Have a comment or tip? Write to us.